GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2021

H                                                                                                                                                    1

HOUSE BILL 832

Short Title:      Social Media Impartiality Act.		(Public)
Sponsors:	Representatives Johnson, McNeely, Kidwell, and Greene (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Commerce, if favorable, Judiciary 3, if favorable, Rules, Calendar, and Operations of the House

May 5, 2021

A BILL TO BE ENTITLED

AN ACT providing a process under the campaign finance laws to address when a candidate for elective office is censored on a social media platform.

Whereas, "Big Tech" offers the ability to disperse information through paid advertising or traditional post; and

Whereas, during the course of a campaign, the ability to disperse information has a monetary value to the campaign; and

Whereas, "Big Tech" companies are a business like any other described in current election law; and

Whereas, according to State campaign finance laws, companies cannot give direct contributions or in‑kind contributions to political candidates or campaign committees; and

Whereas, unmerited censorship of one candidate who has officially filed is by default an in‑kind contribution to that candidate's opponent; Now, therefore,

The General Assembly of North Carolina enacts:

SECTION 1.  Part 1 of Article 22A of Chapter 163 of the General Statutes is amended by adding a new section to read:

"§ 163‑278.18A.  Social media censorship; penalties; appeals; remedies for separate cause of action.

(a) Notwithstanding any provision of law to the contrary, if any candidate, as defined in G.S. 163‑278.6, is censored on a social media platform or online interactive service by the company providing the service, the company shall submit, in writing, to the State Board of Elections the reason for censorship within three calendar days of censoring the candidate. The State Board of Elections shall then hold a hearing within three calendar days from the date of the required submission from the company to determine if the company's actions were justified according to the terms and agreements that the candidate agreed to upon formation of the candidate's social media page. Terms and conditions of the candidate's official social media page shall not be modified to exclude any rights guaranteed by federal law.

(b) The State Board of Elections shall provide written notice to the candidate and the company of its decision regarding whether the censorship was justified. If the State Board of Elections determines that the company has censored a candidate without due cause, the company shall be subject to civil penalties for illegal in‑kind contributions. Civil penalties pursuant to this section shall be a minimum of two hundred fifty dollars ($250.00) and up to two hundred fifty thousand dollars ($250,000) per day for each day the candidate remains unable to access the social media platform. Any monies the State Board of Elections receives for penalties under this section shall be deposited in the Civil Penalty and Forfeiture Fund of North Carolina.

(c) A candidate or company may appeal the State Board of Elections' decision. The Joint Legislative Commission on Governmental Operations (Commission) shall hear and rule on appeals pursuant to this section. The Commission shall convene and render its ruling within three calendar days from the date the appeal is received.

(d) Nothing in this section shall be construed as prohibiting a candidate from seeking a separate cause of action for wrongful censorship.

(e) Any candidate or political committee who files a cause of action in accordance with subsection (d) of this section and successfully asserts a claim against a company for a violation of this section is entitled to recover declaratory relief, including costs and reasonable attorneys' fees, or injunctive relief. If the company fails to promptly comply with the court's order in an action brought under this section, the court shall hold the company in contempt and use all lawful measures to secure immediate compliance, including the imposition of any penalties."

SECTION 2.  This act becomes effective at 5:00 P.M. on the day before the 2021 filing period begins for elective offices and applies to election cycles on or after that date.